Volitional Logic Applied to Hohfeld’s System
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H.L.A. Hart has recently published an interesting paper under the title “Bentham’s ‘Of Laws in General’” (1). This paper is a clear exposition of the main principles which Jeremy Bentham in ‘Of Laws in General’(2) laid down. Bentham described a law as “an assemblage of signs declarative of a volition, conceived or adopted by the sovereign in a state, concerning the conduct to be adopted in a certain case by a certain person or class of persons who in the case in question are, or are supposed to be, subject to his power”. This notion of law is not similar to that of a statute; a statute can be part of a law, part of different laws, a multiple of laws, or any combination of these things.
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